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Home My WebLink About2000-312do L ® l AGREEMENT FOR TRANSPORTATION, TREATMENT AND DISPOSAL OF DOMESTIC WASTEWATER RESIDUAL THIS AGREEMENT by and between INDIAN RIVER COUNTY, 1840 25TH Street, Vero Beach, Florida, 32960 (hereinafter known as the "COUNTY"), and PINE LAKE MOBILE HOME ESTATES, INC. whose address is 2505 Eber Boulevard, Melbourne, Florida, 32904 (hereinafter known as the "CUSTOMER"). WITNESSETH THAT WHEREAS, the COUNTY is the Owner and Operator of a Residuals Management Facility (dewatering facility), Permit # FLA -010434-001. WHEREAS, said treatment and disposal site (Class I Landfill) has been approved and is operating under Florida Department of Environmental Protection (FDEP) permit, in compliance with Florida Administrative Code (FAC), Chapter 62-620, and WHEREAS the CUSTOMER owns and operates a domestic wastewater treatment facility permitted as the Pine Lake Wastewater Treatment Plant hereinafter referred to as "SOURCE", and has the need to dispose of the waste residual generated by the SOURCE, and WHEREAS, as a condition precedent to obtaining a valid operating permit for the SOURCE, FDEP requires the CUSTOMER to enter into an Agreement for the handling of sludge residuals. NOW THEREFORE, for and in consideration of the mutual terms, covenants, and conditions to be complied with on the part of the respective parties hereto, it is agreed to as follows: 1. Nothing in this Agreement shall supersede or take precedence over the obligation and responsibility of each party to operate and maintain its individual plant in compliance with the frequency and schedule stated in Chapter 62-640, Florida Administrative Code. Ps ;c 1 of 4 W40 2. The CUSTOMER hereby covenants and agrees: A. If the CUSTOMER stabilizes the residuals to level 'B" or above, none of said residuals shall be mixed with unstabilized material. The use of lime for stabilization is prohibited. If mixing has occurred, the entire load will be required to be stabilized at the SOURCE. B. The CUSTOMER warrants that the residuals delivered to the COUNTY will not contain any hazardous, toxic, or radioactive waste or substances as defined by applicable federal, state, and local laws and restrictions. C. The maximum permissible daily residual discharges from the CUSTOMER'S residual waste stream shall not exceed 219 gallons per day. D. The CUSTOMER agrees to pay to the COUNTY fees in accordance with the Schedule of Water and Sewer Rates and Charges which is attached hereto as Exhibit "A". 3. The COUNTY hereby covenants and agrees: A. To maintain, monitor, and operate the dewatering facility and residuals disposal site (landfill) in compliance with Chapter 62-640, Florida Administrative Code. B. To accept responsibility for the proper measurement and dewatering for the proper disposal of the residuals as required by Chapter 62-640, Florida Administrative Code. 4. It is further understood by both parties that: A. Each party understands this Agreement is subject to the rules, regulations and directives of the regulatory agencies, and agrees that in the event such rules, regulations and directives require modification of this Agreement, each will negotiate in good faith to make such modification. B. Upon arrival onsite for treatment of residuals from the CUSTOMER's plant, the COUNTY has the right to refuse treatment of said residuals, if it is demonstrated that the chemical or physical characteristics of the transported material is not consistent for dewatering. The CUSTOMER will be responsible for the removal and proper disposal of the transported material. If such residual requires further treatment, such as outside dewatering or chemical addition then a surcharge fee may be imposed by the COUNTY for said additional treatment. A Pf\t:IACkS-SIIDGF. A4RiRMk!�f 6. Page 2 cif 4 40 40 40 2 C. It is specifically agreed and understood by all parties hereto, that the prevailing rate established by Indian River County Utilities Department, (see Exhibit A, attached), is for the proper treatment and disposal of residuals delivered by the CUSTOMER to the Indian River County Residuals Management Facility. D. CUSTOMER shall make payment within the (30) days after dispatch by the COUNTY of an invoice to the CUSTOMER, unless a longer time period is allowed by the COUNTY. In the event that payment is not made when due, the COUNTY, at its sole option, may immediately terminate this Agreement on notice to the CUSTOMER and the Florida Department of Environmental Protection. COUNTY may impose, and CUSTOMER agrees to pay, a late fee not to exceed the maximum rate allowed by applicable law, or as set forth in any fee schedule. >;. The CUSTOMER shall have an Agreement with the licensed hauler, subject to approval by the COUNTY, providing that the licensed hauler shall be responsible for damage to COUNTY property, such as road surfaces, inter alia, resulting from the CUSTOMER'S vehicle delivering residuals to the COUNTY Wastewater Treatment Facility. F. Changes in the Schedule of Charges, capacity, and type of equipment, may be agreed upon only in writing. Oral agreements will not be considered as binding. G. COUNTY reserves the right to terminate this Agreement on 60 -days written notice. 5. TERMS OF AGREEMENT: A. The Terms of this Aereement shall be for three (3) Years from thc. effective date of service, and shall be automatically renewed for like terms, unless either party shall give written notice of termination via Certified Mail, UPS, or equivalent) to the other party, at least sixty (60) days prior to termination of the initial term, or any renewal term, or unless the County exercises its right to terminate pursuant to Paragraph 4G. In the event the CUSTOMER terminates this Agreement other than as provided above, CUSTOMER shall pay to the County, as liquidated damages, a sum calculated as follows: i. If the remaining term under the Agreement is six (6) months or more, Customer shall pay its most recent monthly charge multiplied by Six (6). A NNI LALk S- SLLTX-,E.iGY,F F` %T 5.. Page 3 of i B. This AGREEMENT shall be binding on the parties, their successors and assigns. IN WITNESS WHEREOF, the parties have caused these presents to be executed This 17th day of October , 2000. �0#1)%ELIL,, President As SignatoryFor: PINE LAKE MOBILE HOME ESTATES, INC. Witnessed by: County Atto ey Approved as to Form and Legal Sufficiency J es E. Chandler, County Administrator t N,:FS 4ll'Mt AGkUMt\t&l INDIAN RIVER COUNTY, FLORIDA FRAN ADAMS, Chairman Approved by BB`C:: 10-17-2000 Attest: Jeffrey B. Bar on, Clerk of the Circuit Court B Deputy Clerk Indian River Co. —Approved Date Administration 'z_ V / Utilities -1 0 Budget ' Legal , <m Risk Mariager Page d of d r] O SCHEDULE OF WATER AND ,SEWER RATES AND CHARGES Bulk Water Billing Charge — Per Account Per Month $1.29 Base Facility Charge Where Lines are Available - Per ERU S6.19 Base Facility Charge Where Capacity is Reserved, But Lines are not Available — Per ERU S 3.10 Volume Charge — per 1,000 gallons Water Meter Basis S 2.63 Excess Volume Surcharge— Greater than 7600 gallons per month — Per ERU" "Surcharge for bulk users will apply to flow exceeding total capacity reserved by bulk user in all meters. S 4.45 Bulk Sewer Billing Charge — Per Account Per Month S 1.29 Base Facility Charge Where Lines are Available -Per ERU S13.41 Base Facility Charge Where Capacity is Reserved, But Lines are not Available — Per ERU S 6.71 Volume Charge — per 1,000 gallons Water Meter Basis $2.63 Volume Charge — per 1,000 gallons Sewer Meter Basis $2.98 Excess Volume Surcharge — Greater than 7600 gallons per month — Per ERU" "Surcharge for bulk users will apply to flow exceeding total capacity reserved by bulk user in all meters. S4.45 Excess Sewage Strength Charge Sewage Charge X Ratio of Total Dissolves Solids or Biochemical Oxygen Demand in Milligrams Per liter/250. Excess Sewage Strength Charge Applicable to Customers Required to Use Greasetraps but who have obtained a Variance due to hardship or financial unfeasibility Sewage Charge " Reclaimed water — per 1,000 gallons $0.15 ftdm and fttm Ratatb) Varw per 'Am gallooa(a) , 530.82 Ziarie per Bret too(a) S 7.51 Notes: (a) Recommended rates assume domestic sludge with solids Concentration of between .5 and LO percent. (b) Costs incurred by County to sample, monitor and/or test wastes to verify solids concentrations, metals, content, etc. or additional costs incurred to handle or dispose of wastes with high metal concentrations er other non-domestic waste characterislics should be recovered from the users discharging the wastes in addition to the above charges based on formula's as ailable in the Department of t'tilit% Sen ices.